Archive for January 12th, 2017

Six Volkswagen executives and employees are indicted in connection with conspiracy to cheat U.S. Emissions Tests

VW to Pay $2.8 Billion Criminal Fine in Guilty Plea and $1.5 Billion Settlement of Civil Environmental, Customs and Financial Violations; Monitor to Be Appointed to Oversee the Parent Company

Volkswagen AG (VW) has agreed to plead guilty to three criminal felony counts and pay a $2.8 billion criminal penalty as a result of the company’s long-running scheme to sell approximately 590,000 diesel vehicles in the U.S. by using a defeat device to cheat on emissions tests mandated by the Environmental Protection Agency (EPA) and the California Air Resources Board (CARB), and lying and obstructing justice to further the scheme, the Justice Department announced today.

In separate civil resolutions of environmental, customs and financial claims, VW has agreed to pay $1.5 billion. This includes EPA’s claim for civil penalties against VW in connection with VW’s importation and sale of these cars, as well as U.S. Customs and Border Protection (CBP) claims for customs fraud. In addition, the EPA agreement requires injunctive relief to prevent future violations. The agreements also resolve alleged violations of the Financial Institutions Reform, Recovery and Enforcement Act (FIRREA).

The Criminal Case:

VW is charged with and has agreed to plead guilty to participating in a conspiracy to defraud the United States and VW’s U.S. customers and to violate the Clean Air Act by lying and misleading the EPA and U.S. customers about whether certain VW, Audi and Porsche branded diesel vehicles complied with U.S. emissions standards, using cheating software to circumvent the U.S. testing process and concealing material facts about its cheating from U.S. regulators. VW is also charged with obstruction of justice for destroying documents related to the scheme, and with a separate crime of importing these cars into the U.S. by means of false statements about the vehicles’ compliance with emissions limits. Under the terms of the plea agreement, which must be accepted by the court, VW will plead guilty to all these crimes, will be on probation for three years, will be under an independent corporate compliance monitor who will oversee the company for at least three years, and agrees to fully cooperate in the Justice Department’s ongoing investigation and prosecution of individuals responsible for these crimes.

In addition, a federal grand jury in the Eastern District of Michigan returned an indictment today charging six VW executives and employees for their roles in the nearly 10-year conspiracy. Heinz-Jakob Neusser, 56; Jens Hadler, 50; Richard Dorenkamp, 68; Bernd Gottweis, 69; Oliver Schmidt, 48; and Jürgen Peter, 59, all of Germany, are charged with one count of conspiracy to defraud the United States, defraud VW’s U.S. customers and violate the Clean Air Act by making false representations to regulators and the public about the ability of VW’s supposedly “clean diesel” vehicles to comply with U.S. emissions requirements. The indictment also charges Dorenkamp, Neusser, Schmidt and Peter with Clean Air Act violations and charges Neusser, Gottweis, Schmidt and Peter with wire fraud counts. This case has been assigned to U.S. District Judge Sean F. Cox of the Eastern District of Michigan.

Schmidt was arrested on Jan. 7, 2017, in Miami during a visit to the United States and appeared in federal court there on Monday. The other defendants are believed to presently reside in Germany.

“Volkswagen’s attempts to dodge emissions standards and import falsely certified vehicles into the country represent an egregious violation of our nation’s environmental, consumer protection and financial laws,” said Attorney General Lynch. “Today’s actions reflect the Justice Department’s steadfast commitment to defending consumers, protecting our environment and our financial system and holding individuals and companies accountable for corporate wrongdoing. In the days ahead, we will continue to examine Volkswagen’s attempts to mislead consumers and deceive the government. And we will continue to pursue the individuals responsible for orchestrating this damaging conspiracy.”

“When Volkswagen broke the law, EPA stepped in to hold them accountable and address the pollution they caused,” said EPA Administrator McCarthy. “EPA’s fundamental and indispensable role becomes all too clear when companies evade laws that protect our health. The American public depends on a strong and active EPA to deliver clean air protections, and that is exactly what we have done.”

“This wasn’t simply the action of some faceless, multinational corporation,” said Deputy Attorney General Yates. “This conspiracy involved flesh-and-blood individuals who used their positions within Volkswagen to deceive both regulators and consumers. From the start of this investigation, we’ve been committed to ensuring that those responsible for criminal activity are held accountable. We’ve followed the evidence—from the showroom to the boardroom—and it brought us to the people whose indictments we’re announcing today.”

“Americans expect corporations to operate honestly and provide accurate information,” said Deputy Director McCabe. “Volkswagen’s data deception defrauded the U.S. government, violated the Clean Air Act and eroded consumer trust. This case sends a clear message to corporations, no matter how big or small, that if you lie and disregard rules that protect consumers and the environment, you will be caught and held accountable.”

“Blatant violations of U.S. customs and environmental laws will not be tolerated, and this case reinforces that,” said Acting Deputy Secretary Deyo. “These actions put our economy, consumers and citizens at risk, and the Department of Homeland Security and U.S. Customs and Border Protection will continue to take every step necessary to protect the American people.”

According to the indictment, the individuals occupied the following positions within the company:

Heinz-Jakob Neusser: from July 2013 until September 2015, Neusser worked for VW as head of Development for VW Brand and was also on the management board for VW Brand. From October 2011 until July 2013, Neusser served as the head of Engine Development for VW.

Jens Hadler: from May 2007 until March 2011, Hadler worked for VW as head of Engine Development for VW.

Richard Dorenkamp: from 2003 until December 2013, Dorenkamp worked for VW as the head of VW’s Engine Development After-Treatment Department in Wolfsburg, Germany. From 2006 until 2013, Dorenkamp led a team of engineers that developed the first diesel engine that was designed to meet the new, tougher emissions standards in the United States.

Bernd Gottweis: from 2007 until October 2014, Gottweis worked for VW as a supervisor with responsibility for Quality Management and Product Safety.

Oliver Schmidt: from 2012 through February 2015, Schmidt was the General Manager in charge of the Environment and Engineering Office, located in Auburn Hills, Michigan. From February 2015 through September 2015, Schmidt returned to VW headquarters to work directly for Neusser, including on emissions issues.

Jürgen Peter: Peter worked in the VW Quality Management and Product Safety Group from 1990 until the present. From March 2015 until July 2015, Peter was one of the VW liaisons between the regulatory agencies and VW.

According to the charging documents and statement of facts filed with the court, in 2006, VW engineers began to design a new diesel engine to meet stricter U.S. emissions standards that would take effect by model year 2007. This new engine would be the cornerstone of a new project to sell diesel vehicles in the United States that would be marketed to buyers as “clean diesel,” a project that was an important strategic goal for VW’s management. When the co-conspirators realized that they could not design a diesel engine that would both meet the stricter NOx emissions standards and attract sufficient customer demand in the U.S. market, they decided they would use a software function to cheat standard U.S. emissions tests.

VW engineers working under Dorenkamp and Hadler designed and implemented a software to recognize whether a vehicle was undergoing standard U.S. emissions testing on a dynamometer or it was being driven on the road under normal driving conditions. The software accomplished this by recognizing the standard published drive cycles. Based on these inputs, if the vehicle’s software detected that it was being tested, the vehicle performed in one mode, which satisfied U.S. NOx emissions standards. If the software detected that the vehicle was not being tested, it operated in a different mode, in which the vehicle’s emissions control systems were reduced substantially, causing the vehicle to emit NOx up to 40 times higher than U.S. standards.

Disagreements over the direction of the project were articulated at a meeting over which Hadler presided, and which Dorenkamp attended. Hadler authorized Dorenkamp to proceed with the project knowing that only the use of the defeat device software would enable VW diesel vehicles to pass U.S. emissions tests. Starting with the first model year 2009 of VW’s new “clean diesel” engine through model year 2016, Dorenkamp, Neusser, Hadler and their co-conspirators installed, or caused to be installed, the defeat device software into the vehicles imported and sold in the United States. In order to sell their “clean diesel” vehicles in the United States, the co-conspirators lied to the EPA about the existence of their test-cheating software, hiding it from the EPA, CARB, VW customers and the U.S. public. Dorenkamp, Neusser, Hadler, Gottweis, Schmidt, Peter and their co-conspirators then marketed, and caused to be marketed, VW diesel vehicles to the U.S. public as “clean diesel” and environmentally-friendly.

Around 2012, hardware failures developed in certain of the diesel vehicles. VW engineers believed the increased stress on the exhaust system from being driven in the “dyno mode” could be the cause of the hardware failures. In July 2012, VW engineers met with Neusser and Gottweis to explain what they believed to be the cause of the hardware failures and explained the defeat device. Gottweis and Neusser each encouraged further concealment of the software. In 2014, the co-conspirators perfected their cheating software by starting the vehicle in “street mode,” and, when the defeat device realized the vehicle was being tested, switching to the “dyno mode.” To increase the ability of the vehicle’s software to recognize that it was being tested on the dynamometer, the VW engineers activated a “steering wheel angle recognition feature.” With these alterations, it was believed the stress on the exhaust system would be reduced because the engine would not be operating for as long in “dyno mode.” The new function was installed in existing vehicles through software updates. The defendants and other co-conspirators falsely represented, and caused to be represented, to U.S. regulators, U.S. customers and others that the software update was intended to improve durability and emissions issues in the vehicles when, in fact, they knew it was used to more quickly deactivate emission control systems when the vehicle was not undergoing emissions tests.

After years of VW selling their “clean diesel” vehicles in the United States that had the cheating software, in March 2014, West Virginia University’s Center for Alternative Fuels, Engines and Emissions published the results of a study commissioned by the International Council on Clean Transportation (ICCT). The ICCT study identified substantial discrepancies in the NOx emissions from certain VW vehicles when tested on the road compared to when these vehicles were undergoing EPA and CARB standard drive cycle tests on a dynamometer. Rather than tell the truth, VW employees, including Neusser, Gottweis, Schmidt and Peter, pursued a strategy to disclose as little as possible – to continue to hide the existence of the software from U.S. regulators, U.S. customers and the U.S. public.

Following the ICCT study, CARB, in coordination with the EPA, attempted to work with VW to determine the cause for the higher NOx emissions in VW diesel vehicles when being driven on the road as opposed to on the dynamometer undergoing standard emissions test cycles. To do this, CARB, in coordination with the EPA, repeatedly asked VW questions that became increasingly more specific and detailed, and tested the vehicles themselves. In implementing their strategy of disclosing as little as possible, Neusser, Gottweis, Schmidt, Peter and their co-conspirators provided EPA and CARB with testing results, data, presentations and statements in an attempt to make it appear that there were innocent mechanical and technological problems to blame, while secretly knowing that the primary reason for the discrepancy was their cheating software that was installed in every VW diesel vehicle sold in the United States. The co-conspirators continued this back-and-forth with the EPA and CARB for over 18 months, obstructing the regulators’ attempts to uncover the truth.

The charges in the indictment are merely accusations and each defendant is presumed innocent unless and until proven guilty.

The case was investigated by the FBI and EPA-CID. The prosecution and corporate investigation are being handled by Securities and Financial Fraud Unit Chief Benjamin D. Singer and Trial Attorneys David Fuhr, Alison Anderson, Christopher Fenton and Gary Winters of the Criminal Division’s Fraud Section; Trial Attorney Jennifer Blackwell of the Environment and Natural Resources Division’s Environmental Crimes Section; and from the U.S. Attorney’s Office for the Eastern District of Michigan, Criminal Division Chief Mark Chutkow and White Collar Crime Unit Chief John K. Neal and Assistant U.S. Attorney Timothy J. Wyse. The Justice Department’s Office of International Affairs also assisted in the case. The Justice Department also extends its thanks to the Office of the Public Prosecutor in Braunschweig, Germany.

The Civil Resolutions:

The first civil settlement resolves EPA’s remaining claims against six VW-related entities (including Volkswagen AG, Audi AG and Porsche AG) currently pending in the multidistrict litigation before U.S. District Judge Charles R. Breyer of the Northern District of California. EPA’s complaint alleges that VW violated the Clean Air Act by selling approximately 590,000 cars that the United States alleges are equipped with defeat devices and, during normal operation and use, emit pollution significantly in excess of EPA-compliant levels. VW has agreed to pay $1.45 billion to resolve EPA’s civil penalty claims, as well as the civil penalty claim of CBP described below. The consent decree resolving the Clean Air Act claims also resolves EPA’s remaining claim in the complaint for injunctive relief to prevent future violations by requiring VW to undertake a number of corporate governance reforms and perform in-use testing of its vehicles using a portable emissions measurement system of the same type used to catch VW’s cheating in the first place. Today’s settlement is in addition the historic $14.7 billion settlement that addressed the 2.0 liter cars on the road and associated environmental harm announced in June 2016, and $1 billion settlement that addressed the 3.0 liter cars on the road and associated environmental harm announced in December 2016, which together included nearly $3 billion for environmental mitigation projects.

A second civil settlement resolves civil fraud claims asserted by U.S. Customs and Border Protection (CBP) against VW entities. VW entities violated criminal and civil customs laws by knowingly submitting to CBP material false statements and omitting material information, over multiple years, with the intent of deceiving or misleading CBP concerning the admissibility of vehicles into the United States. CBP enforces U.S. customs laws as well as numerous laws on behalf of other governmental agencies related to health, safety, and border security. At the time of importation, VW falsely represented to CBP that each of the nearly 590,000 imported vehicles complied with all applicable environmental laws, knowing those representations to be untrue. CBP’s relationship with the importing community is one based on trust, and this resolution demonstrates that CBP will not tolerate abrogation of importer responsibilities and schemes to defraud the revenue of the United States. The $1.45 billion paid under the EPA settlement also resolves CBP’s claims.

In a third settlement, VW has agreed to pay $50 million in civil penalties for alleged violations of FIRREA. The Justice Department alleged that a VW entity supported the sales and leasing of certain VW vehicles, including the defeat-device vehicles, by offering competitive financing terms by purchasing from dealers certain automobile retail installment contracts (i.e. loans) and leases entered into by customers that purchased or leased certain VW vehicles, as well as dealer floorplan loans. These financing arrangements were primarily collateralized by the vehicles underlying the loan and lease transactions. The department alleged that certain of these loans, leases and floorplan financings were pooled together to create asset-backed securities and that federally insured financial institutions purchased certain notes in these securities. Today’s FIRREA resolution is part of the department’s ongoing efforts to deter wrongdoers from using the financial markets to facilitate their fraud and to ensure the stability of the nation’s financial system.

Except where based on admissions by VW, the claims resolved by the civil agreements are allegations only.

The civil settlements were handled by the Environmental and Natural Resources Division’s Environmental Enforcement Section, with assistance from the EPA; the Civil Division’s Commercial Litigation Branch; and CBP.

CHICAGO, IL – State Rep. Justin Slaughter, D-Chicago, took the oath of office on Wednesday to represent the 27th District in the Illinois House of Representatives. He issued the following statement:

“This is a humbling experience for my entire family and the communities I represent. I cannot wait to get to work on the many challenges facing our state and our neighborhoods. I consider this opportunity one of the greatest honors of my life, but the work ahead will be tough and decisions will be difficult.

“It is in all of our best interests to pass a budget that helps the working people of Illinois. A great number of our citizens are being denied critical services because the governor continues to rigidly pursue an agenda that drives down wages for middle-class workers. The governor continues to hold our social service providers, our school children, our healthcare providers and those they serve as hostages in this budget battle. The governor needs to know that I will be supportive of common sense solutions that move our state forward, but those solutions must help, not hurt, the people of the 27th District.

“I remain hopeful that the children of Chicago are no longer used as a scapegoat in our political process. Our schools need adequate funding and the people in our communities need jobs. I look forward to being a strong and persistent voice for those I am fortunate enough to serve.”

Slaughter’s constituent service office can be reached at 773-445-9700 or slaughterj@ilga.gov.

The Justice Department announced today that it has entered into a court enforceable agreement with the city of Baltimore to resolve the department’s findings that the Baltimore City Police Department (BPD) engages in a pattern and practice of conduct that violates the First, Fourth and 14th Amendments of the Constitution as well as federal anti-discrimination laws.

The consent decree, filed today in the U.S. District Court for the District of Maryland, creates a pathway toward lasting reform within BPD. The decree’s requirements focus on building community trust, creating a culture of community and problem-oriented policing, prohibiting unlawful stops and arrests, preventing discriminatory policing and excessive force, ensuring public and officer safety, enhancing officer accountability and making needed technological upgrades. Under the agreement, the parties will jointly recommend an independent monitor to the court to assess whether the requirements of the agreement are being implemented. The independent monitor will report publicly on BPD’s implementation efforts on a regular basis. In the joint motion filing the decree, the parties requested that the court provide an opportunity for members of the public and stakeholders throughout Baltimore to provide written submissions to the court about the proposed decree, and then hold a public hearing.

“Last August, we concluded that the Baltimore Police Department had engaged in conduct that deprived the people of Baltimore of the rights and protections guaranteed to every American, and that the deeply-rooted mistrust between law enforcement officers and the community they serve harmed all who call Baltimore home,” said Attorney General Loretta E. Lynch. “After thorough, good-faith negotiations, the Department of Justice and the city of Baltimore have agreed to enter into a court-enforceable consent decree to remedy the violations identified in our investigation. The reforms in this consent decree will help ensure effective and constitutional policing, restore the community’s trust in law enforcement, and advance public and officer safety. We could not be prouder to partner with the people of Baltimore on this journey towards making their city a community that protects the dignity, rights, and safety of all its people.”

“Under the consent decree, the city and BPD will implement comprehensive reforms to end the legacy of Baltimore’s ‘zero tolerance’ policing,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Civil Rights Division. “In its place, BPD will empower its officers to engage in proactive, community-oriented policing. And given our experiences in many other cities, I firmly believe that when focused, measurable and detailed reforms are implemented effectively, they restore community trust and advance officer and public safety.”

Under the consent decree, the city of Baltimore and BPD will implement comprehensive reforms that will ensure that:

Baltimore establishes a Community Oversight Task Force to recommend reforms to the current system of civilian oversight.

BPD adopts a policing approach that is community-oriented and based on problem solving principles.

Officers’ voluntary interactions are professional and courteous, and officers conduct all investigatory stops, searches and arrests in a manner that protects people’s rights.

BPD provides equal protection of the law for all individuals, including providing impartial policing services.

Officers use appropriate de-escalation techniques and attempt to resolve incidents without force when possible; use force in a manner that is proportional to the threat presented; and BPD’s use of force policies, training and review systems provide sufficient guidance, skills and accountability.

BPD transports detainees in a manner that keeps them safe.

Officers respect the First Amendment rights of all persons.

BPD investigates sexual assault thoroughly and without gender bias.

Baltimore conducts an assessment to minimize youth involvement with the juvenile and criminal justice systems, as appropriate, and that officers approach interactions with youth in a manner appropriate to their age.

Baltimore conducts an analysis of gaps in the city’s mental health system in consultation with a committee of behavioral health experts and service providers, and BPD instructs and dispatches officers who are properly trained in interacting with people in crisis or with behavioral health disabilities when a police response is appropriate.

Allegations of employee misconduct are fully, fairly and efficiently investigated; that all investigative findings are supported by the appropriate standard of proof and documented in writing; and that all officers who commit misconduct are held accountable pursuant to a disciplinary system that is fair, consistent and provides due process.

Officers receive necessary equipment, policy guidance, training and support to do their jobs safely and effectively, and BPD performs a staffing study to ensure a sufficient number of officers and supervisors.

The Justice Department announced its findings in August 2016 following a thorough investigation into BPD started in May 2015. The department found that BPD made stops, searches and arrests without the required justification; used enforcement strategies that unlawfully subjected African Americans to disproportionate rates of stops, searches and arrests; used excessive force; and retaliated against individuals for their constitutionally-protected expression. The pattern or practice resulted from systemic deficiencies that persisted within BPD for many years and exacerbated community distrust of the police, particularly in African-American communities.

In October 2014, city and BPD leadership requested to enter a collaborative reform process with the Justice Department’s Office of Community Oriented Policing Services (COPS office). After the Civil Rights Division opened the pattern-or-practice investigation in May 2015, the COPS office and the Justice Department’s Office of Justice Programs have continued to offer federal resources, such as technical assistance, to the BPD, city officials and community leaders.

This investigation was conducted by the Civil Rights Division’s Special Litigation Section with the assistance of law enforcement professionals pursuant to the pattern or practice provision of the Violent Crime Control and Law Enforcement Act of 1994. Since 2009, the Special Litigation Section has opened 25 investigations into law enforcement agencies. The section is enforcing 20 agreements with law enforcement agencies, including 15 consent decrees and one post-judgment order. The division also recently released a comprehensive report that provides an overview of the police reform work done under pursuant to the Violent Crime Control and Law Enforcement Act of 1994, which can be found at the following link: https://www.justice.gov/crt/file/922421/download.

For more information on the Civil Rights Division and the Special Litigation Section, please visit www.justice.gov/crt.

Illinois also seeking nominations for the Governor’s Volunteer Service Awards

SPRINGFIELD, IL – Governor Bruce Rauner has proclaimed January 16, 2017 as Martin Luther King, Jr. Day of Service in the state of Illinois.The Serve Illinois Commission on Volunteerism and Community Service (Serve Illinois) today encouraged people across Illinois to take part in the day of service by volunteering in their community.

Dr. King said, “Life’s most persistent and urgent question is: ‘What are you doing for others?’”

“Illinoisans answer this question each day by helping their neighbors and their community. Volunteerism is the answer,” said Serve Illinois Executive Director Scott McFarland.

Serve Illinois calls on you to make Martin Luther King, Jr. Day a “day on instead of a day off.” Martin Luther King Jr. Day was designated a National Day of Service by Congress in 1994. Illinoisans have a rich history of service, including being the number one volunteering state out of the largest states in the country.

Anyone interested in volunteering on Martin Luther King Jr. Day of Service can visit Serve.Illinois.gov to find more than 2,000 volunteer opportunities throughout Illinois. Volunteers can search based on location or area of interest, as well as by web-based, ongoing, or one-time volunteer opportunities.

Serve Illinois is also accepting nominations for the annual Governor’s Volunteer Service Awards. These awards recognize individual volunteers and businesses that support community service. The awards honor those who provide selfless service to the state and highlight the importance of volunteerism and community service in Illinois.

Nominations are due to Serve Illinois by January 29, 2017. A ceremony to honor recipients will be held on April 13, 2017 at the Old State Capitol in Springfield. Visit Serve.Illinois.gov for information about individual awards, past recipient bios, and nomination forms.

The Serve Illinois Commission is a 40 member (25 voting and 15 non-voting), bi-partisan board appointed by the Governor and administered by the Illinois Department of Public Health. Its mission is to improve Illinois communities by enhancing volunteerism and instilling an ethic of service throughout the state.

Mayor Rahm Emanuel vowed to continue reform of the Chicago Police Department – which he characterized as a program of “training, technology, and transparency” – regardless of the outcome of a U.S. Department of Justice investigation of the department.

The DOJ is expected to issue its report on constitutional violations by CPD within the next week. Rather than negotiating a court-approved consent decree, according to the Chicago Sun-Times, the DOJ now aims at reaching an “agreement in principle” regarding reforms that are needed.

A City Hall source told the Sun-Times that the mayor was resisting pressure from DOJ to sign a letter of intent now to negotiate a consent decree, preferring to take a chance on lighter enforcement by the feds after Donald Trump is inaugurated as president.

Johnson was deputy chief at the time. Then-Supt. Garry McCarthy was also in the group that reviewed the shooting.

Garry McCarthy and Martinez Sutton (City Bureau)

“Everyone agreed” that Van Dyke’s use of force was appropriate, Lt. Osvaldo Valdez told investigators, the Tribune reported. In addition, the lead detective on the case, David March, told investigators, “I was informed the entire command staff concurred with the findings and conclusions of my investigation.” March determined that Van Dyke’s actions were “absolutely proper.”

Johnson “strongly disagreed” with Valdez’s statement, a police spokesperson told the Tribune. He declined to elaborate.

The Tribune article reveals details of an IG investigation into the aftermath of the McDonald shooting. The IG’s report on that investigation has not been publicly issued.

The Tribune revealed that Inspector General Joseph Ferguson recommended firing Chief of Detectives Eugene Roy and Deputy Chief David McNaughton in addition to nine lower-ranking officers, but Johnson postponed acting in order to allow Roy and McNaughton to retire instead.

In addition, “multiple witnesses told the inspector general that detectives investigating the shooting refused to accept their accounts of what happened and threatened them,” the Tribune reported. To date, no disciplinary action for intimidating witnesses has been recommended.

One witness is suing the police department: Alma Benitez has charged she was detained and pressured to change her story, according to the Tribune.

Of 15 department members the IG recommended disciplining for their role in the investigation of McDonald’s shooting, Johnson has moved to fire only five, but the superintendent is still weighing discipline against four others, the Sun-Times reported.

WBEZ also reported that a South Side district commander was selected by Supt. Eddie Johnson for a top position after promoting one of Watts’ underlings, ten months after Watts was arrested for stealing from a government informant.

Fred Waller – named patrol bureau chief by Johnson last year – was commander of the Wentworth district when he nominated Alvin Jones for sergeant. Jones was named along with Watts in numerous misconduct complaints and worked on four Watts cases in which convictions were later overturned.

A department spokesperson said Waller didn’t know about the complaints and “potential wrongdoing.”

Police whistleblower Shannon Spalding scoffed at that claim, as did Lionel White, whose 2008 conviction following an arrest by Watts’ team was overturned last year. White alleges Jones beat him during his arrest – a claim supported by hospital records, according to WBEZ.

Supt. Johnson told WBEZ the department would “go back and take a look at” Waller’s promotion of Jones.

Queens, NY(BlackNews.com) – On Sunday, September 18, 2016, 24 year-old Kadeem Trotter was fatally shot. Immediately, multiple conflicting reports surfaced on local television news and across the internet, claims of a shooting involving an off-duty cop and an armed man in a thwarted robbery attempt outside a Dunkin Donuts in Jamaica, Queens. Kadeems family wasnt officially notified until days after published reports were already permeating the Internet and newswire.

From the very beginning, Kadeems family had been misinformed by the authorities. Two detectives showed up at my house. I was told my son had walked himself into the hospital with chest pains and he just didnt make it, says Kadeems mother, Lundie Chambers. It was only because my neighbor had brought me a newspaper and I recognized his bicycle [in the article photo] that I was able to make the connection.

The inconsistencies continued from there, claims that Kadeem was armed with a BB gun, on that evening outside Dunkin Donuts, and was shot in the chest while allegedly, attempting to rob Ian Caine of his holstered handgun. 49 year-old Ian Caine, the shooter, was moonlighting as a uniformed security guard for Allied Security. Caine was not wearing his official court officers uniform at the time of the shooting. Reports immediately released to news media, however, categorically identify Caine as a Staten Island Court Officer, implying protections afforded to uniformed peace officers effecting an arrest.

The prematurely released reports also taint public perception of Kadeem and paint him as guilty without having stood trial. These reports also seal public perception of Caine as a would-be-hero, when Caine was neither wearing his official court officers uniform, nor working in his capacity of Court Officer at the time of the shooting. There are no corroborating witnesses, only the highly-publicized account of a lone shooter without evidence to substantiate his claims. The only video mentioned has been footage of Kadeem merely entering and exiting the Dunkin Donuts restaurant. Though failing to prove Caines account of the events, this footage is referenced by police as Kadeem casing the place. No other video surveillance video is mentioned.

A day after the shooting, however, more details surface that contradict Ian Caines account of the incident. The Daily News initially reported that Caine opened fire in front of Dunkin Donuts. The September 19, 2016 Daily News article included a photo of the Queens Dunkin Donuts location. Later reports include photos, clearly depicting Kadeem Trotters bike at the site where his body was found by police, in front of the MTA depot. This site is across a boulevard with a divider, roughly 200 yards away from the Dunkin Donuts restaurant location. There are multiple, at least three, surveillance cameras mounted atop the buildings structure. Article photos also clearly depict two shell casings marked by a tree, diagonal to an SUV with at least one bullet hole in it. The Queens Medical Examiner also ruled Kadeems death a homicide, but was restricted from issuing an official report by the Queens DA. This prompted the Trotter family to obtain the Queens Hospital Emergency Room Report which revealed, Kadeem was inflicted with three entry wounds, two in the back, one in the buttocks.

McKinneys Public Officers Law §87: Access to Agency Records Kadeems Grieving Family has a right to a Medical Examiners Report

While what little evidence the Trotter family has received contradicts Ian Caines account of the events, the Trotter family has been denied access to pertinent reports and other items they would otherwise be entitled to. These items include an actual physical copy of the Medical Examiners report, the official police report, and surveillance footage from cameras at the MTA depot (where Kadeems body was actually found). The police department has not produced evidence of the aforementioned BB gun and also claims to have lost the voucher permitting the family to retrieve Kadeems belongings. Furthermore, the familys multiple requests for the copy of the Medical Examiners report have been ignored. The more formal Freedom of Information Law Request (FOIL) has also been submitted to the Queens County District Attorneys Office to no avail.

If the man is not in uniform effecting an arrest, then he is not a peace officer. And the Medical Examiner ruled Kadeems death as a homicide, says K. Trotter, a representative from the family. Kadeem is not here to tell us his side of the story. Whats to separate these events from other bias attacks? The DAs office is withholding the MTA surveillance footage and the medical examiners report, crucial evidence, and The DA has yet to respond to our FOIL Request. For the last three months, weve heard absolutely nothing from the DAs office. He has not offered any condolences. He did not advise us about seeking counseling for such a horrific ordeal, did not respect our rights as a grieving family. Instead, he has consistently brushed off our requests, claiming, This is an ongoing investigation.

Queens District Attorney Richard Brown concluded his investigation on December 23, 2016. He issued a public statement on December 26th that no charges would be filed against Ian Caine, officially declaring that Caines actions were justified.

Kadeem Trotters Family Files Suit for Recovery

When someone is shot in the back, absent extraordinary circumstances, its not a justified shooting, said the familys attorney, Edward Sivin. Sivin, has filed a $10 million Notice of Claim upon the State and the City of New York on behalf of the Trotter family. The family still awaits the district attorneys release of the Medical Examiners Report and surveillance footage from the MTA.

Photo Caption: (left) Kadeem Trotter when he was just 5 years old; (right) Kadeem Trotter at 24-years old just before he was killed while running away from a police officer.

o Notable ambassadors with Ford’s expanding Men of Courage program include music and tech investor Troy Carter, NFL all-pro DeAndre Levy, political commentator Van Jones and actor Hill Harper

o Black men across United States are being challenged to download #MenofCourage digital tool kit and host gatherings to create positive social change in honor of #MLKDAY17

o Dave Bing, Chicago-area Ford dealer Nate Sutton and others will co-host Men of Courage event for a diverse group of more than 50 black men this Martin Luther King Jr. Day, Jan. 16

CHICAGO, IL – Ford Motor Company is pulling together African American leaders from across the United States to make this year’s Martin Luther King Jr. Day a day of action for advancing the narrative of black men and creating positive social change.

Through both an online Men of Courage tool kit and a daylong forum in Chicago, black men are uniting to tell their stories and develop strategies and solutions for challenging stereotypes while improving their economic and social status. Download the tool kit from www.menofcourage.com. Participants can also access #menofcourage for updates.

“Men of Courage enables African American men to unite behind a common mission of being great family men, innovators and barrier breakers through storytelling, visioning sessions and action pacts,” said Shawn Wilson, manager, multicultural community development, Ford Motor Company Fund. “Dr. King often spoke about poverty as the root cause for many of our social ills. I’m excited to hear the solutions we develop in Chicago and around the U.S. that will benefit not just African American men – but all of our communities.”
The Men of Courage event honoring Dr. Martin Luther King Jr. takes place Jan. 16, 2-9 p.m., at 1871, Technology & Entrepreneurship Center, suite 1212 of Merchandise Mart.

A cross-section of African American men will gather to share stories and experiences as well as to create action plans. Participants include Nate Sutton, owner of Sutton Ford Lincoln in Matteson, Illinois; NBA legend and former Detroit mayor Dave Bing; linebacker DeAndre Levy from the Detroit Lions; NFL Hall of Famer Jerome Bettis; educator Barrington Irving, the youngest person to pilot a plane around the world solo; Bill Pickard, founder Global Automotive Group; Dr. Anthony Hamlet, superintendent of Pittsburgh Public Schools; and author and criminal justice advocate Shaka Senghor.

Joe Madison, who discusses race, politics and social activism with a national audience on his daily SiriusXM show, will broadcast live from the Chicago Men of Courage forum from 7-9 p.m. CT. During the broadcast, Joe will speak with attendees and air recorded moments from earlier in the day to bring focus to positive African American male role models, whether they are celebrities or ‘every day citizens.’ “Joe Madison The Black Eagle” is on SiriusXM’s Urban View, channel 126.

Ford has enlisted African American leaders from across media, political, technology, sports and music arenas to encourage black men to host similar events in their homes, houses of worship and workplaces nationwide. Notable leaders include political commentator Van Jones; music and tech investor Troy Carter, musician and rapper Big Sean and actor Hill Harper. So far, 1,300 groups and individuals have organized gatherings to take place in Illinois, Maryland, Michigan, New Jersey, North Carolina, South Carolina and Texas.

Ford Motor Company Fund, the philanthropic arm of Ford Motor Company, launched Men of Courage in Detroit in August 2015, aiming to connect diverse black men from local communities with a growing list of advocates and celebrities working to create positive social change for African American men. Ford Fund has joined with Sean Anderson Foundation and Dave Bing Youth Institute to promote Men of Courage.

The program expanded to Baltimore last year for Martin Luther King Jr. Day, then Atlanta for the 2016 Father’s Day weekend at the 100 Black Men of America National Conference.

About Ford Motor Company Fund and Community ServicesFord Motor Company Fund and Community Services works with community and global partners to advance driving safety, education and community life. Ford Motor Company Fund has operated for more than 65 years with ongoing funding from Ford Motor Company. Ford Driving Skills for Life is free, interactive, hands-on safety training focused on skill development and driving techniques, while addressing inexperience, distractions and impaired driving. Innovation in education is encouraged through Ford Blue Oval Scholars, Ford Next Generation Learning and other inspiring programs that enhance high school learning and provide college scholarships and university grants. The Ford Volunteer Corps enlists more than 30,000 Ford employees and retirees each year to work on local projects that strengthen their communities and improve people’s lives in more than 40 countries around the world. For more information, visit http://community.ford.com.

About Ford Motor CompanyFord Motor Company is a global automotive and mobility company based in Dearborn, Michigan. With about 203,000 employees and 62 plants worldwide, the company’s core business includes designing, manufacturing, marketing and servicing a full line of Ford cars, trucks and SUVs, as well as Lincoln luxury vehicles. To expand its business model, Ford is aggressively pursuing emerging opportunities with investments in electrification, autonomy and mobility. Ford provides financial services through Ford Motor Credit Company. For more information regarding Ford and its products and services, please visit www.corporate.ford.com.

About Dave Bing Youth InstituteThe Bing Youth Institute support programs and activities that are designed to improve the academic, behavioral, and social wellness of young men of color through mentorship. The Bing Youth Institute is located in Detroit, Mich., and was founded by former Detroit Mayor, NBA Hall of Famer, and Businessman Dave Bing.

Beginning next week, the Cook County Board of Commissioners will consider its consent calendar on days other than those on which regular Board meetings take place.

Commissioners last year voted in favor of the change to streamline the processes for both the consent calendar and for regular Board business. At some meetings, the length of time spent considering some consent calendar items – such as honorary resolutions – contributed to delaying the regular Board agenda, including public participation, by up to two hours.

Beginning next Tuesday, the consent calendar meeting will be held as a standing County Board Meeting at 9 a.m. on those days when the Forest Preserve Board holds its regular meeting in the County Board Room. This is scheduled to happen on January 17, February 7, April 11, June 6, September 12, October 10, November 14 and December 12.

The March, May and July Forest Preserve Board meetings are held offsite, away from the County Building. If it is determined that a consent calendar meeting is required in those months, a special Board meeting will be required.

The intent of this meeting is to replace in its entirety the consent calendar portion of the Wednesday meeting. Consent calendar items will no longer appear on the Wednesday County Board agendas.

New Organization of 120,000 Lawyers, Law Students, and Supporters Pledges Pro-Bono Resistance to “Bad Government,” Holding Major Planning Conference in DC Coinciding With Trump Inauguration

Lawyers for Good Government Commits to Defending Civil Rights and Using Pro-Bono Legal Advocacy to Push for a Government that Protects Human and Constitutional Rights of All Americans

WASHINGTON, DC – On Saturday, January 21st and Sunday, January 22nd, members of Lawyers for Good Government, a new national organization of more than 120,000 lawyers, paralegals, law students and activists committed to doing pro-bono work to defend civil and human rights, and to establish a government designed to put the interests of the American people first, will assemble at the Rise Above conference in DC to coordinate the new movement and plan legal resistance to the incoming Trump Administration and Republican controlled Congress.

The conference, planned and hosted by Lawyers for Good Government and RISE When We Fall, is designed to harness, empower and coordinate the unprecedented political energy that has emerged since Donald Trump won the Presidency and convert that momentum into a meaningful strategy to protect civil rights and vulnerable communities in the US. The conference begins on Saturday, January 21st, after the Women’s March on Washington and will feature a performance by Grammy Award-winning artist Ani DiFranco.

Lawyers for Good Government is one of the central groups leading counter-inauguration programming in DC. Lawyers for Good Government is an official partner of the Women’s March on Washington and expects more than 1,200 members from across the country to participate in the March.

“In the wake of the 2016 election, an army of more than 120,000 lawyers, law students, and activists has risen up in defense of the values and democratic principles that make America a truly great nation,” explained Traci Feit Love, founder of Lawyers for Good Government. “We are a pro bono army ready and willing to fight alongside and on behalf of individuals and communities at risk under the new administration.”

Lawyers for Good Government was founded in the hours after the November election by Traci Feit Love, a Harvard Law School graduate and single mother who quickly gathered more than 122,000 lawyers and activists determined to challenge and resist the Trump Administration’s anticipated abuses of power and attacks on human rights. Lawyers for Good Government started off as a post-election Facebook group that quickly grew into a massive organization of lawyers, with 48 chapters and members in all 50 states.

For more information about the Lawyers for Good Government, the upcoming Rise Above conference, or to speak with Traci Feit Love, please contact Brett Abrams at 516-841-1105 or by email at brett@unbendablemedia.com. For requests related to Ani DiFranco, please contact Karen Wiessen at karen@autonomicmedia.com.

For more information about the Rise Above Conference, contact http://www.riseaboveconference.org/

Lawyers for Good Government Inc., led by founder Traci Feit Love, was created to harness the energy, passion, and skills of more than 120,000 lawyers, law students, and legal activists who joined together in the wake of the presidential election to fight for equality, justice, freedom, and democracy. Through a combination of legal advocacy, education, community outreach, and strategic partnerships, the organization’s mission is to ensure a just society and a government that works.

The Martin Luther King Day Block also includes Muhammad Ali on THE SONNY & CHER SHOW, Redd Foxx & LaBelle on CHER, and an IN THE HEAT OF THE NIGHT Marathon

Culver City, CA(BlackNews.com) – getTV celebrates Martin Luther King, Jr. Day with one of THE MERV GRIFFIN SHOWs most important episodes on Monday, January 16, at 8 p.m. ET, as civil rights pioneer Martin Luther King, Jr. joins the talk show icon for a powerful discussion that still rings true today, addressing the victories of the Civil Rights Movement, as well as his views on riots, race relations, and the Vietnam War.

The rarely seen extended sit-down, which originally aired on June 6, 1967, was one of Dr. Kings first appearances on an entertainment-based talk show. He was initially there to promote the release of his fifth book, Where Do We Go From Here: Chaos or Community?, appearing alongside close friend and fellow Civil Rights activist Harry Belafonte, who reveals early in the episode that Dr. King – while a fan of the show – had some concerns about appearing on this type of program. (Note: getTVs THE MERV GRIFFIN SHOW episodes air regularly in its new time slot of Sunday nights at 11 p.m. ET.)

However, once the interview starts, Dr. King puts any trepidation aside in a particularly memorable introduction that gives a charming glimpse at the man behind the hero. Smiling and laughing, Dr. King puts his charismatic personality on full display as he jokes about the limitations that being a clergyman has placed on his ability to experience the fun side of New York, before talking about his move to Atlanta; his young family; his job as co-pastor at his fathers church; and the blame he incurred for inciting violent riots, despite his fervent emphasis on peaceful demonstrations.

Following THE MERV GRIFFIN SHOW, the evening of variety programming continues by featuring rare performances from iconic African-American stars. At 9 p.m. ET is THE SONNY & CHER SHOW, as the beloved duo sings alongside former Fifth Dimension leaders Marilyn McCoo & Billy Davis Jr., and then they step into the ring with late boxing superstar Muhammad Ali in a charming skit that pits Cher and Ali against each other in a battle for the Heavyweight Poetry Championship of the World. Then, at 10 p.m. ET, legendary funnyman Redd Foxx brings his trademark comedy to CHER, starring in hilarious sketches about attitude, the merits of milk, and more, followed by Chers duet with soulful trio LaBelle performing What Can I Do For You? and their smash hit Lady Marmalade.

Leading in to the unforgettable evening is a special IN THE HEAT OF THE NIGHT all-day marathon, starting at 8 a.m. ET. The critically acclaimed 1988 drama stars Carroll OConnor, Alan Autry, and Howard E. Rollins Jr., as police officers in the Deep South working to keep the streets safe amidst rising racial tensions. The marathon highlights some of the series best two-part episodes, and features appearances by Wayne Brady, Stacy Keach, and Burgess Meredith.

About getTV
getTV, operated by Sony Pictures Television Networks, is dedicated to showcasing Hollywoods legendary movies and TV series. The network is available over the air and on local cable systems in more than 80 designated market areas (DMAs), including all of the top 25. getTV is also carried nationwide by DISH. For information, visit www.get.tv and connect with the network on Facebook and Twitter @getTV.

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Welcome to CopyLine Magazine! The first issue of CopyLine Magazine was published in November, 1990, by Editor & Publisher Juanita Bratcher. CopyLine’s main focus is on the political arena – to inform our readers and analyze many of the pressing issues of the day - controversial or otherwise. Our objectives are clear – to keep you abreast of political happenings and maneuvering in the political arena, by reporting and providing provocative commentaries on various issues. For more about CopyLine Magazine, CopyLine Blog, and CopyLine Television/Video, please visit juanitabratcher.com, copylinemagazine.com, and oneononetelevision.com. Bratcher has been a News/Reporter, Author, Publisher, and Journalist for 33 years. She is the author of six books, including “Harold: The Making of a Big City Mayor” (Harold Washington), Chicago’s first African-American mayor; and “Beyond the Boardroom: Empowering a New Generation of Leaders,” about John Herman Stroger, Jr., the first African-American elected President of the Cook County Board. Bratcher is also a Poet/Songwriter, with 17 records – produced by HillTop Records of Hollywood, California. Juanita Bratcher Publisher